K.V. Jamalu vs State Of Kerala
2021 Latest Caselaw 21948 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
                     WP(C) NO. 19302 OF 2021


PETITIONER:

         K.V. JAMALU, AGED 50 YEARS,
         BUSINESS, S/O. ABDULLAKUTTY,
         KULANGARA VEEDU, EDAKKAZHIYOOR DESHAM,
         EDAKKAZHIYOOR VILLAGE, CHAVAKKADU TALUK.

         BY ADVS.
         SINDHU SANTHALINGAM
         ABRAHAM K GEORGE


RESPONDENTS:

    1    STATE OF KERALA REPRESENTED BY
         THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
         HOME DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.

    2    CIRCLE INSPECTOR OF POLICE,
         VADAKKEKADU POLICE STATION,
         CHAVAKKADU TALUK,
         THRISSUR DISTRICT-680 506.

    3    SYEDALI, S/O. MOIDUNNI,
         PANICHAMKULANGARA HOUSE,
         EDAKKARA, CHAVAKKADU TALUK, PIN-680506.

         BY SMT.VINITHA B, SR.G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.19302/2021

                                 2



                           JUDGMENT

Dated this the 3rd day of November, 2021

The prayer of the writ petition is to direct the 2 nd

respondent not to interfere with the civil dispute between the

petitioner and 3rd respondent.

2. In short, the case of the petitioner is that he is a

tenant of the 3rd respondent. The petitioner is running a

vegetable shop. There exists dispute between the petitioner

and the 3rd respondent. The 2nd respondent is interfering in

the matter and pressurising the petitioner to settle the issue

with the respondent.

3. The learned Government Pleader filed a

statement in which it has been stated that the employees of

the petitioner were conducting the business and many

people in the locality gathered there and there was a

likelihood of law and order problem. In such circumstances,

it was necessary to close the shop for the time being and WP(C)No.19302/2021

the 2nd respondent asked to close the shop.

4. The very next day, the petitioner filed a complaint

against the respondents and thereafter the petitioner has

opened the shop and running the business. The 2nd

respondent does not intend to interfere in the disputes

between the petitioner and the 3rd respondent. However if

there is an issue of crime or of law and order, then the 2 nd

respondent will have to act in accordance with law.

In view of the statement so filed, the writ petition is

disposed of recording the submission of the 2 nd respondent

that he will not interfere in the civil dispute between the

petitioner and the 3rd respondent. However the 2nd

respondent will be free to interfere if there is a likelihood of

law and order problem or any instance of crime.

Sd/-

N. NAGARESH JUDGE ncd/05.11.2021 WP(C)No.19302/2021

APPENDIX OF WP(C) 19302/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE STATION HOUSE OFFICER ON 27/02/2021.

Exhibit P2 A TRUE COPY OF THE PLAINT IN OS 244/2021 FILED BEFORE MUNSIFF COURT, CHAVAKKAD.

Exhibit P3 A TRUE COPY OF THE INJUNCTION ORDER DATED 05/03/2021 GRANTED BY MUNSIFF COURT, CHAVAKKAD.

Exhibit P4 A TRUE COPY OF ORDER DATED 07/04/2021 PASSED BY THE TRIAL COURT VACATING THE INTERIM ORDER OF INJUNCTION.

Exhibit P5           A   TRUE   COPY   OF    THE   COMPLAINT
                     SUBMITTED    BEFORE    THE    ASSISTANT
                     COMMISSIONER    OF    GURUVAYOOR     ON
                     10/09/2021.
Exhibit P6           A TRUE COPY OF RECEIPT ISSUED BY THE

OFFICE OF ASSISTANT COMMISSIONER OF POLICE, GURUVAYOOR.

Exhibit P7 CIRCULAR DATED 02/02/2012 ISSUED BY THE STATE POLICE CHIEF.